Separation Agreements

Living Pursuant to a Separation Agreement

In New York State parties may agree to live pursuant to the terms of a NY separation agreement prior to their divorce. This means stopping the clock on jointly accumulated assets. The agreement defines the parties’ rights with respect to custody, visitation, child support, distribution of property and all other matters specific to each relationship.

The final agreement is filed with the county clerk.

In New York, one year after the agreement is filed, either party may procure a divorce based upon the separation, also known as a conversion divorce. Or, parties may remain separated for an indefinite period.

Legal separation agreements in New York resolve the following issues:

  • Custody and visitation;
  • Support (child support and/or spousal support);
  • Division of assets and debts.

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